Opinion
January 29, 1996
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the order is affirmed, with costs.
The plaintiffs correctly assert that absent fraud, overreaching, mistake, or duress, an open-court stipulation will not be disturbed by a court ( see, Doppelt v Doppelt, 215 A.D.2d 715). However, the trial court enforced the stipulation exactly as it was agreed upon by the parties and did not impermissibly alter or modify the terms thereof.
The plaintiffs' remaining contention, regarding an inquest to determine the amount of damages owed to them, was not raised in the trial court and is not properly before this Court on appeal ( see, Robinson v Donald C. Swanson, Inc., 205 A.D.2d 678). Mangano, P.J., Miller, Ritter and Pizzuto, JJ., concur.